Alexander v. Ingram Barge Co.

Dist. Ct. did not err in finding after bench trial that defendant (owner of barge that collided with lock and dam on Illinois River that was operated by Army Corps of Engineers) was not responsible for flood damage to plaintiffs’ homes caused by river water overflowing river bank after lock and dam gates were raised in attempt to allow plaintiff’s barge to proceed down river. Dist. Ct. could properly conclude that sole cause of collision and resulting flooding was due to negligence of Lockmaster operating said gates, and that Lockmaster, as member of Corps of Engineers, was entitled to immunity under discretionary function exception to Federal Tort Claims Act, 28 USC section 2680(a). Dist. Ct. was also entitled to find that defendant did not violate any of Inland Navigation rules during incident where: (1) defendant and other barges experienced severe rainfall at time of incident; (2) defendant attempted to navigate lock and dam only after its barge and others were unable to secure themselves in order to wait out storm; and (3) defendant and others were operating under plan to operate gates at safe levels without causing river to overflow its banks during storm. Ct. further noted that defendant’s captain could reasonably, though erroneously, rely on Lockmaster to prudently exercise his sole authority over gates and passage through canal.